Homeowner’s guide to

Adverse Possession

series: 02
Understanding land
 Homeowner’s Guide to Adverse
Possession

WHAT IS ADVERSE POSSESSION?

Adverse possession is a legal process that provides a mechanism for one property owner
to claim a por6on of another’s land as a result of longstanding use.

ARE SOME PROPERTIES MORE SUSCEPTIBLE TO ADVERSE

POSSESSION THAN OTHERS?

Yes they are. Over the past 30 years or so, most proper6es in Ontario have
been “moved” from the old Registry System to the new Land Titles system.
This administra6ve move has afforded property owners many benefits, not
least of which is protec6on against neighbours “stealing”
land through adverse possession.

However, older proper6es whose existence predates their ASK THE BOUNDARY BOSS
conversion to the Land Titles system are generally more
suscep6ble. Furthermore rural proper6es with long Q: Is Adverse Possession the same
boundaries (as opposed to standard rectangular as Squa6ers Rights?
subdivision lots) are more suscep6ble simply because A: Yes it is. “SquaPer’s rights” is the
their boundaries are longer and oMen not visibly marked informal name some6mes used for
with fences and walls. adverse possession.

HOW DOES ADVERSE POSSESSION WORK?

If a property was created and registered directly into the Land Titles system, then no
adverse possession claims can be made against it, no maPer how long a neighbour claims
to have been using a piece of that property’s land.

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Most proper6es, however, originated in the old Registry System and have been
subsequently migrated to the new Land Titles system.

The rules of adverse possession for these proper6es hinge on that date of conversion and
are as follows:

a) Once a property is converted to Land Titles, it is immune from adverse possession

claims from that date forward.
b) Anyone claiming adverse possession on that property must prove con6nual and
uninterrupted use of the land being claimed for a period of ten years prior to the
date of conversion to Land Titles.

Date of Conversion to
Land Titles

Proof of uninterrupted use Adverse Possession is

10 YEARS no longer valid

Time

Time Period to prove

Adverse Possession

Graphic showing proof period of Adverse Possession Claim

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BURDEN OF PROOF IS ON THE CLAIMANT

This means that to make a claim against a property that was converted to Land Titles in
1990, the claimant must prove use of that land from at least 1980 to 1990. The burden of
proof rests en6rely with the claimant, and it’s a heavy burden at that. The claimant has to
convince a court that they have used that piece of land con6nuously and uninterrupted
for 37 years, and at the exclusion of the righXul owner.

Generally speaking the more 6me elapses from the date of conversion, the tougher it
becomes to make a convincing adverse possession claim.

HOW DO I MAKE AN ADVERSE POSSESSION CLAIM?

Contact a lawyer who specializes in land law. But before you waste your 6me and money,
make sure you know when the property you’re making a claim against was converted to
Land Titles (or if it always was in LT), and that you have rock solid evidence to support
your claim.

RESOURCES

Protect Your Boundaries (n.d.). online survey plans, tools and great informa6on on
property boundaries. Retrieved from: www.protectyourboundaries.ca
Weisleder, Mark (2013). You can s6ll lose land through squaPer’s rights. Toronto Star.
Teranet (n.d.). Land registry system in Ontario. Retrieved from: www.teranet.ca

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